Impeachment Motion against CJ tabled

2012-11-06 10:50:38

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The impeachment motion against Chief Justice Shirani Bandaranayake was placed on the order paper of Parliament today, and there were 14 charges mention against her.

The motion signed by 116 MPs seeks to appoint a select committee to probe these charges against the Chief Justice. This will be followed by a resolution adopted by Parliament and presented to the President for the removal of the Chief Justice.

Whereas by purchasing, in the names of two individuals, i.e. Renuka Niranjali Bandaranayake and Kapila Ranjan Karunaratne using special power of attorney licence bearing No. 823 of Public Notary K.B. Aroshi Perera that was given by Renuka Niranjali Bandaranayake and Kapila Ranjan Karunaratne residing at No. 127, Ejina Street, Mount Hawthorn, Western Australia, 6016, Australia, the house bearing No. 2C/F2/P4 and assessment No. 153/1-2/4 from the housing scheme located at No. 153, Elvitigala Mawatha, Colombo 08 belonging to the company that was known as Ceylinco Housing and Property Company and City Housing and Real Estate Company Limited and Ceylinco Condominium Limited and is currently known as Trillium Residencies which is referred in the list of property in the case of fundamental rights application No. 262/2009, having removed another bench of the Supreme Court which was hearing the fundamental rights application cases bearing Nos. 262/2009, 191/2009 and 317/2009 filed respectively in the Supreme Court against Ceylinco Sri Ram Capital Management, Golden Key Credit Card Company and Finance and Guarantee Company Limited belonging to the Ceylinco Group of Companies and taking up further hearing of the aforesaid cases under her court and serving as the presiding judge of the benches hearing the said cases;

2. Whereas, in making the payment for the purchase of the above property, by paying a sum of Rs 19,362,500 in cash, the manner in which such sum of money was earned had not been disclosed, to the companies of City Housing and Real Estate Company Limited and Trillium Residencies prior to the purchase of the said property;

3. Whereas, by not declaring in the annual declaration of assets and liabilities that should be submitted by a judicial officer, the details of approximately Rs. 34 million in foreign currency deposited at the branch of NDB Bank located at Dharmalpala Mawatha, Colombo 07 in accounts 106450013024, 101000046737, 100002001360 and 100001014772 during the period from 18 April 2011 to 27 March 2012;

4. Whereas, by not declaring in the annual declaration of assets and liabilities that should be submitted by a judicial officer the details of more than twenty bank accounts maintained in various banks including nine accounts bearing numbers 106450013024, 101000046737, 100002001360, 100001014772, 100002001967, 100101001275, 100110000338, 100121001797 and 100124000238 in the aforesaid branch of NDB Bank;

5. Whereas, Mr. Pradeep Gamini Suraj Kariyawasam, the lawful husband of the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake is a suspect in relation to legal action initiated at the Magistrate’s Court of Colombo in connection with the offences regarding acts of bribery and/or corruption under the Commission to Investigate into Allegations of Bribery or Corruption Act, No 19 of 1994;

Whereas, the post of Chairperson of the Judicial Service Commission which is vested with powers to transfer, disciplinary control and removal of the Magistrate of the said court which is due to hear the aforesaid bribery or corruption case is held by the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake as per Article 111D (2) of the Constitution;

Whereas, the powers to examine the judicial records, registers and other documents maintained by the aforesaid court are vested with the said Hon. (Dr.) (Mrs.) Upatissa Atapattu andaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake under Article 111H (3) by virtue of being the Chairperson of the Judicial Service Commission;

Whereas, the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake becomes unsuitable to continue in the office of the Chief Justice due to the legal action relevant to the allegations of bribery and corruption levelled against Mr. Pradeep Gamini Suraj Kariyawasam, the lawful husband of the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake in the aforesaid manner, and as a result of her continuance in the office of the Chief Justice, administration of justice is hindered and the fundamentals of administration of justice are thereby violated and whereas not only administration of justice but visible administration of justice should take place;

Whereas, despite the provisions made by Article 111H of the Constitution that the Secretary of the Judicial Service Commission shall be appointed from among the senior judicial officers of the courts of first instance, the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake acting as the Chairperson of the Judicial Service Commission by virtue of being the Chief Justice, has violated Article 111H of the Constitution by disregarding the seniority of judicial officers in executing her duties as the Chairperson of the Judicial Service Commission through the appointment of Mr. Manjula Thilakaratne who is not a senior judicial officer of the courts of first instance, while there were such eligible officers;

7. Whereas, with respect to the Supreme Court special ruling Nos. 2/2012 and 3/2012 the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake has disregarded and /or violated Article 121 (1) of the Constitution by making a special ruling of the Supreme Court to the effect that the provisions set out in the Constitution are met by the handing over of a copy of the petition filed at the court to the Secretary General of Parliament despite the fact that it has been mentioned that a copy of a petition filed under Article 121 (1) of the Constitution shall at the same time be delivered to the Speaker of Parliament;

8. Whereas, Article 121(1) of the Constitution has been violated by the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake despite the fact that it had been decided that the mandatory procedure set out in the said Article of the Constitution must be followed in accordance of the interpretation given by the Supreme Court in the special decisions of the Supreme Court bearing Nos. 5/91, 6/91, 7/91 and 13/91;

9. Whereas, irrespective of the absolute ruling stated by the Supreme Court in the fundamental rights violation case, President’s Counsel Edward Francis William Silva and three others versus Shirani Bandaranayake (1992 New Law Reports of Sri Lanka 92) challenging the appointment of the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake, when she was appointed as a Supreme Court judge, she has acted in contradiction to the said ruling subsequent to being appointed to the office of the Supreme Court judge;

10.Whereas, the Supreme Court special rulings petition No. 02/2012 filed by the institution called Centre for Policy Alternatives to which the Media Publication Section ‘Groundview’ that had published an article of the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake, while she was a lecturer of the Law Faculty of the University of Colombo prior to becoming a Supreme Court judge, has been heard and a ruling given;

11. Whereas, in the case, President’s Counsel Edward Francis William Silva and three others versus Shirani Bandaranayake (1992 New Law Reports of Sri Lanka 92) that challenged the suitability of the appointment of the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake who holds the office of the Chief Justice and thereby holds the office of the ex-officio Chairperson of the Judicial Service Commission in terms of the Constitution, Attorney-at-Law L.C.M. Swarnadhipathi, the brother of the MagistrateKuruppuge Beeta Anne Warnasuriya Swarnadhipathi filed a petition against the appointment of the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake owing to which the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake has harassed the said Magistrate Kuruppuge Beeta Anne Warnasuriya Swarnadhipathi;

12. Whereas, the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake who holds the office of the Chief Justice and thereby holds the office of the ex-officio Chairperson of the Judicial Service Commission in terms of Article 111D (2) of the Constitution has, by acting ultra vires the powers vested in her by the Article 111H of the Constitution ordered the Magistrate (Mrs.) Rangani Gamage’s right to obtain legal protection for lodging a complaint in police against the harassment meted out to her by Mr. Manjula Thilakaratne, the Secretary of the Judicial Service Commission;

13. Whereas, the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake being the Chief Justice and thereby being the Chairperson of the Judicial Service Commission, in terms of Article 111D (2) of the Constitution, has abused her powers by ordering the Magistrate (Mrs.) Rangani Gamage to obtain permission of the Judicial Service Commission prior to seeking police protection thereby preventing her from exercising her legal right to obtain legal protection;

14. Whereas, the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake by performing her duties as the Chairperson of the Judicial Service Commission has referred a letter through the Secretary of the Judicial Service Commission to the Magistrate (Mrs.) Rangani Gamage, calling for explanation from her as to why a disciplinary inquiry should not be conducted against her for seeking protection from the Inspector General of Police by exercising her legal right;

The motion says , By acting in the aforesaid manner,—

(i) whereas it amounts to improper conduct or conduct unbecoming of a person holding the office of the Chief Justice;(ii) whereas she had been involved in matters that could amount to causes of action or controversial matters,iii) whereas she had influenced the process of delivery of justice, (iv) whereas there can be reasons for litigants to raise accusations of partiality/impartiality, she has plunged the entire Supreme Court and specially the office of the Chief Justice into disrepute. Therefore we, the aforementioned Members of Parliament resolve that a Select Committee of Parliament be appointed in terms of Article 107 (3) of the Constitution read with the provisions of Article 107 (2) and Standing Order 78 A of Parliament enabling the submission of a resolution to His Excellency the President for the removal of the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake from the office of the Chief Justice of the Democratic Socialist Republic of Sri Lanka in the event the Select Committee reports to Parliament that one or more of the charges that have been levelled have been proved after the aforesaid charges of misconduct have been investigated.

These are minor issues ?? CJ position is more honarary than President !! if there is a impeachment motion against President it will be brought to CJ's judgement .

1878

Nodrog Tuesday, 6 November 2012 12:20

If CJ is being impeached for this then the entire cabinet also could face similar punishment.

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16165

Game Kolla Tuesday, 6 November 2012 10:59

Those who signed have a clean record?

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13221

NBandara Tuesday, 6 November 2012 11:06

MMM where did the money come from????

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2149

Anusha E Tuesday, 6 November 2012 11:07

Golden Key depositors should be given immediate relief by CJ as we believed she acted in good faith . She should immediately cancel the bail given to Golden Key and F&G Directors and seize assets and settle the small depositors at GK where 6,900 are below 03 million depositors and clear her good name !!

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945

Ryan Wednesday, 7 November 2012 05:52

She wont do, she has been already paid for the job

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Malinda Tuesday, 6 November 2012 11:12

So it's mainly about corruption, unaccounted money and influence. I remember there was something called "helping hambantota" some time back. These charges are no where near "helping hambantota".....

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13126

Devaka S. Jayasuriya Tuesday, 6 November 2012 11:15

Have the Hon. Ministers and parliamentarians declared the annual declaration of assets and liabilities that should be submitted ?

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8134

Jamieson Tuesday, 6 November 2012 13:03

So has the CJ cut a deal with the Golden Key Directors to go easy on them? No wonder the poor Golden Key depositors have still not been paid.

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Don Tuesday, 6 November 2012 11:16

Dirty politics

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880

Dunya Tuesday, 6 November 2012 11:18

Those 118 MPs ,who signed the Impeachment are Gentlemen to the core and Clean ,un-corrupt Exemplary Politicians.

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merril Tuesday, 6 November 2012 11:24

She failed to read GOSL policy. You protect us. We protect you.

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Achari Tuesday, 6 November 2012 11:26

Weerawansa didnot have a proper house to live when he was in JVP, but now he has built a Palace worth 100 million??????How did he earn this money??????

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5169

buffaloa citizen Wednesday, 7 November 2012 03:36

While he and his wife tramp to USA, Europe and Thailand very often on holiday where we ordinary folk cannot afford even to go to Sigiriya in one year.

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prasad Wednesday, 7 November 2012 04:06

Simple. It is donations from supporters !!!

If he leaves Govt. then "it is money theft from housing development or bribe from contractors".... Wonder of Asia...

Harena pathata gana aasia

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Dr. Wicks. Wednesday, 7 November 2012 06:20

Forget a house. I heard he was using his neighbour's loo.

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anushka Tuesday, 6 November 2012 11:32

this is a similar case like SF. When you fail to fall in line with MaRa the repurcussions are severe. Specially when you have skeliton in the closet.

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buffaloa citizen Wednesday, 7 November 2012 03:41

The fact is that MaRa has too many skeletons in his closet, including the innocent tamils of the north. Are their any brave sinhalese amongst this lot of cowards in this country who are willing to open and investigate that closet without singing hench-aiya songs of patriotism with this criminal?

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sean Tuesday, 6 November 2012 11:34

at least i'm sure Sanath Jayasuriya & Upeksha Swarnamali doesnt hv a clue about what they have signed for

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Surain Tuesday, 6 November 2012 11:43

They are trying to wash not dirty linen but clean linen labelled as dirty . those who signed the papers are act as if there very cleaned.

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buffaloa citizen Wednesday, 7 November 2012 03:42

All in this cabinet are hench-aiya's who will even drink slipper soup of the Rajapakse's. This is because, they are given a free hand to do anything corrupt and earn millions.

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xingston Wednesday, 7 November 2012 06:39

Buffaloa, your comments are always barbed with so much venom and hatred...you are such a bitter and angry person. Why?

01

Lobo Thursday, 8 November 2012 04:36

You are just angry because you cannot have tiger soup now.

00

Marikkar Tuesday, 6 November 2012 11:43

Nevertheless the impeachment is legally acceptable, it is not the right time for such a way-forward.

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Cancer Tuesday, 6 November 2012 11:51

Didn't the government know about all these allegations when the appointment was made? She was appointed CJ two years ago. How strange!!!

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Marikkar Tuesday, 6 November 2012 12:15

It is her responsibility to declare the fact which she has faild and it is not a legally adopted method to prompt such investigations by the government.

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aj Tuesday, 6 November 2012 12:07

bulshit

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kondebadapu china Tuesday, 6 November 2012 12:17

Kali & Mohan are master minders of drafting this for more than a month at rajagedara

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pri Tuesday, 6 November 2012 12:17

WHAT ABOUT SRI LANKAN AIRLINES CHAIRMAN BLACK MONEY?

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295

Regi Tuesday, 6 November 2012 12:18

Strange Bedfellows. Majority of them, may be almost all of them have a skeleton in the closet with keys in MR's pocket

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559

RF Tuesday, 6 November 2012 12:21

Oh my god. i cant stop laughing.....

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shaf Tuesday, 6 November 2012 12:21

then what will happen to Rohitha and Weerawansa ????????

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silva Tuesday, 6 November 2012 12:46

when are we going to impeach MR family who has all robbed money in all over the world. specifically mr 10%

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lionheart Wednesday, 7 November 2012 04:10

Remember Premadasa? It will only happen when the God's mill churns out the verdict. Nothing, absolutely nothing can stop that verdict.

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alisten30 Tuesday, 6 November 2012 12:49

Wanted Criminal Dogulas, and Karuna , what is their assetsWhat is the asset of the MR and Co.Another Sarath Fonseka,Shame on Muslim Congress no cuts need power

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alisten30 Tuesday, 6 November 2012 12:52

Anything wrong in buying properties under power of attorney, 34 million is not even $25,000 dollars. Can be a Trust money.Need to see Gootas assets list now ,

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rodrigo Tuesday, 6 November 2012 13:13

This how money was earned .. politician paid for her job to put innocent people to jail and its taken U turn "haraka gen weda aran ,bari unnama mas kadeta wikunanawa "

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534

Don Tuesday, 6 November 2012 13:20

impeachment should be reserved to the first family & the Goons

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patriot Tuesday, 6 November 2012 18:31

Why would anyone want 20 Bank Accounts? One Bank Account is too many for me.

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Patriot Tuesday, 6 November 2012 18:51

I wonder why Hon is typed in front of all MP's names in the order paper? Is a typo error or are they really honourable people? Thanks.

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02

Deen Wednesday, 7 November 2012 03:23

The money earned by her is some thing like a dust if compared to the money earned by present ministers.

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Hela kamal Wednesday, 7 November 2012 03:24

The entire RAJAPAKSE familly, one of the richest in the world now. Do we know from where this money came from?